FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : MERCY SECONDARY SCHOOL (REPRESENTED BY MASON HAYES & CURRAN) - AND - CAROLINE JOYCE (REPRESENTED BY GARRETT MC DERMOTT SOLICITORS) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-067569-Ft-07.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 25th May, 2009, in accordance with Section 15(8) of the Protection of Employees (Fixed-Term Work) Act, 2003. The following is the Court's determination:
DETERMINATION:
A complaint having been received under Section 15(8) of the Protection of Employees (Fixed Term Work) Act, 2003, from Caroline Joyce, of "St Anthony's", 9 Wellpark, Galway (Complainant) that Mercy Secondary School, of Newtownsmith, Galway (Employer) failed to implement a Decision of a Rights Commissioner, No. R-067569-ft-07/EH, dated 11th February, 2009,
As the said Decision has not been carried out by the Employer,
And no appeal has been brought against the said Decision within the time limit for such an appeal,
The Court hereby determines that, in accordance with the Decision of the Rights Commissioner, the said Employer is required to issue the Complainant with a contract of indefinite duration with effect from September 2004 in the position which she held at that time, together with all applicable pay and pension arrears since that date.
Signed on behalf of the Labour Court
Raymond McGee
14th July, 2009.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.